Dismissal by own will for health reasons is carried out on the basis of a medical report. On the one hand, this ending labor relations practically does not differ from the usual dismissal at the initiative of the worker. On the other hand, in case of deterioration in health, the employee is obliged to inform the authorities about this, which, in order to avoid penalties and litigation, must comply with a certain algorithm of actions as much as possible. How to properly stop labor contract due to the deterioration of the health of the employee, you will learn further by reading the article.
Legislative regulation
The issue of dismissal of an employee for health reasons is not permitted by any separately highlighted article of the Labor Code of the Russian Federation. On the contrary, the norms, one way or another related to the problem under consideration, are scattered throughout the Labor Code of the Russian Federation, as well as other legal acts.
So, within the framework of the Labor Code of the Russian Federation, in the event of the circumstances described, you can use the following provisions: Art. 73 (rules for the transfer of an employee in connection with medical indications), art. 76 (rules for suspension from work duties), Art. 77 (general reasons for the termination of an employment contract), art. 80 (how can an employment relationship be terminated at the request of the employee), art. 83 (if circumstances arise beyond the control of the parties (p. 5)), Art. 137, 178, 182 (guarantees and compensation upon dismissal).
A whole block of normative acts regulates the issues of passing medical examinations or medical and social examinations, as well as obtaining relevant medical reports. These include various orders of the Ministry of Health and Social Development and the Ministry of Labor of the Russian Federation.
Finally, the Constitution of the Russian Federation (Part 2, Article 37) and the Code of Administrative Offenses of the Russian Federation (Article 5.27) contain the concepts of forced labor and liability for the use of such.
Employee actions: letter of resignation (sample)
If an employee whose health has deteriorated does not want to continue his work activity, is not confident in his abilities, or is guided by other motives, then he has the right to quit at his own request. At the same time, the fact that the reason for the dismissal is a deterioration in health introduces a certain peculiarity.
In accordance with Part 3 of Art. 80 of the Labor Code of the Russian Federation, the organization terminates labor relations precisely from the date indicated by the employee himself. That is, if there is a condition that the employee leaves of his own free will due to the inability to continue working for health reasons, the obligation to work for two weeks is canceled.
In these circumstances, the employee writes a letter of resignation for health reasons. Like all appeals coming from working citizens, it is drawn up in an arbitrary form. But for the convenience and uniformity of office work at the enterprise, the personnel department can develop a special form.
After receiving this application, the management of the organization issues an appropriate order, calculates and issues all necessary documents.
Don't know your rights?
Identification of deterioration in the health of an employee
The deterioration of the employee's health should not be confused with temporary incapacity for work. If the latter is issued by a certificate of incapacity for work (sick leave), then the first concept is confirmed by a medical certificate, which is issued in accordance with the order of the Ministry of Health and Social Development of the Russian Federation “On approval of the Procedure ...” dated 02.05.2012 No. 441n.
Information about the health of an employee may appear with the head of the organization in connection with his current illness or medical commission(inspection). Order of the Ministry of Health and Social Development of the Russian Federation "On approval of the Lists ..." dated April 12, 2011 No. 302n, as well as Art. 213 of the Labor Code of the Russian Federation defines a list of works where the passage of periodic medical examinations is mandatory.
In the event of a deterioration in well-being, which is confirmed by a medical report or other document issued by the bodies of medical and social expertise (order of the Ministry of Labor of the Russian Federation of January 29, 2014 No. 59n), the employee immediately informs his employer about this circumstance. This duty is provided for in Art. 214 of the Labor Code of the Russian Federation. At those enterprises where medical examinations are mandatory, managers automatically learn the specified information. After receiving the relevant information from the employee, the employer initiates a certain procedure, which we will discuss later.
Employer actions: notification, transfer or dismissal of an employee
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Further, the employer should strictly observe all the nuances of interaction with an employee whose health condition has deteriorated to such an extent that he cannot continue to work in his position. The deadlines for the commission of this or that action are not normatively established, therefore, they must be carried out within reasonable limits and without delay. The procedure will be as follows:
- The administration of the enterprise notifies the citizen of the availability of vacancies that may suit him in terms of health. The notification is drawn up in any form, but must contain the details of familiarization on the part of the employee. Note that the employer is obliged to offer even inferior and less paid vacancies (part 3 of article 81 of the Labor Code of the Russian Federation). If the employee accepts the proposal for another position, he sends the manager a written consent, on the basis of which the employee is transferred to another position (part 1 of article 73 of the Labor Code of the Russian Federation).
- If a citizen refuses to transfer or the organization cannot offer him another vacancy, the following options are possible:
- Provided that the restoration of health is expected within 4 months, the employer simply removes the employee from work. Then the position remains with the employee, but he will not receive a salary during the suspension (part 2 of article 73 of the Labor Code of the Russian Federation). If we are talking about such positions as the head of the enterprise, his deputies and Chief Accountant, then the suspension is possible for a period determined by agreement of the parties.
- If medical forecasts do not involve recovery, then the company may terminate the contract with the person on the basis of paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation (part 3 of article 73 of the Labor Code of the Russian Federation).
- When an employee completely loses the ability to work and this is confirmed by a medical report, the employer is obliged to terminate the employment relationship due to circumstances beyond the control of the parties (clause 5, part 1, article 83 of the Labor Code of the Russian Federation).
Guarantees and compensation
Dismissal due to poor health is a bleak event. Therefore, the legislator initiated some compensatory measures. Unfortunately, compensation can only be received when the termination of the employment contract is made at the initiative of the authorities or due to circumstances beyond the control of the parties. These include, in particular, the following:
- At the final settlement, no deduction is made for the received, but unworked annual paid leave (paragraph 4, part 2, article 137 of the Labor Code of the Russian Federation).
- Paid upon termination severance pay, which is equal to average salary in two weeks (paragraph 1, part 3, article 178 of the Labor Code of the Russian Federation).
In addition to compensation upon dismissal, there is a guarantee even if the employee remains at the enterprise, but is transferred to lower paying job. It lies in the fact that the employee retains the previous salary for one month (Article 182 of the Labor Code of the Russian Federation).
So, the fact that the health of an employee is deteriorating is a circumstance that a conscientious employer needs to take very carefully. The most important thing in this situation is to act immediately and strictly observe the rights of a citizen. In accordance with the Constitution of the Russian Federation and the Labor Code of the Russian Federation, the continuation of an employment relationship with a sick employee can be qualified as forced labor. This, in turn, may become a reason for initiating administrative proceedings against the enterprise.
Young woman feeling unwell and sick in office
In the life of every employee there is a moment when he needs to take time off from management to resolve a number of personal issues. One of these situations is visiting the center medical care. More details about the forms, documentation and consequences are described in this article.
One of important documents in this procedure, an application for family circumstances. Details of its design are in the article at the link.
Do I need to take time off to see the doctor?
Grounds for an unscheduled day off (except for the options "for previously worked time": details):
- Visit to the doctor (the time of the consultation falls on your schedule);
- Pregnancy (the employee did not have time to take maternity leave);
- Passing a medical examination (the employee wishes to undergo an examination during his work schedule).
In case of illness, the employee is assigned not a day off, but sick leave. The difference is in the second option a longer period. An employee can take time off for a certain period of time only in case of illness of a close relative.
It is worth noting that our legislation does not establish such a thing as "time off". In the Labor Code of the Russian Federation, this concept is as follows:
- Leave without saving wages;
- Day off included in the vacation period;
- Additional unscheduled day off with mandatory follow-up.
Only the head of the enterprise has the right to give consent to an employee for an unscheduled day off. The employer is obliged to release the employee only in cases where the second:
- wedding celebration;
- A close relative has died;
- Birth of a child.
There are two ways to get an unscheduled day off - a personal agreement with the manager. In case the director of the enterprise does not agree with any of the points of your proposal, you can resort to the second option - an application for time off to visit a doctor. It is compiled by the employee himself in writing and sent to the manager's desk.
Be sure to indicate:
- Full name of the head;
- Employee's personal data;
- The period of time you need;
- Indication of the exact date of your release from work duties;
- The reason for the unscheduled holiday;
- Signature;
- The date.
As proof, the employer may require the employee to provide a medical certificate or a sick leave report. If you have actually visited the health care center, then it will not be difficult for you to bring the manager this document.
How to write an application for leave to visit a doctor?
The application is written in any form, because there is no specific documentary form. On A4 sheet, preferably in printed form.
In the upper right corner, write:
- The person to whom your letter is addressed, which lists the name of the company, as well as the name of the head;
- Full name of the employee from whom the document was written, position, personnel number
The name of the document is indicated in the center of the sheet - “application”. Next, on the next line - the main text , where the reason is noted (in our case, time off due to a visit to the doctor) and the required time period. In the lower left corner is the date of writing the application. In the lower right - the signature and transcript of the employee.
Sample request for leave to visit a doctor
The application is a legal provision of unscheduled short-term leave. The main text field indicates the reason and certain period time.
As a basis for an unscheduled holiday, you can write:
- I ask for a day off in connection with a visit to the doctor;
- I ask you to give me another day of rest (if you worked on another day when your day off was).
Note that in cases where an employee is granted unscheduled leave at his own expense, management draws up and publishes an appropriate order.
Time off for doctor visits during pregnancy
Days off for visiting doctors for pregnant women have some deviation from the basic rules. According to article 254 of the Labor Code of the Russian Federation, passing a mandatory scheduled examination, a pregnant employee retains not only workplace but also wages. Of course, before visiting a doctor, an employee needs to writing notify the manager.
At the discretion of the pregnant employee, a certificate of visiting a gynecologist may be provided to the personnel department. However, this is not a requirement.
Thus, the provision of an unscheduled leave to an employee is possible in two ways - by agreement with the management or by formally fixing an unplanned day off. It should be noted that unscheduled short-term leave is not paid and is not compensated in any way. If the leader does not make “contact”, then it is better to document everything. After all, then your director will not have a reason and reason for subsequent dismissal.
The termination of labor relations is regulated by the Labor Code in Article 77. According to its instructions, the employer's requirement for the execution functional duties at work that threatens his health and life is included in the number of forced labor.
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In the Constitution Russian Federation article 37 establishes a provision prohibiting forced labor in any form as a result of violation of the rights of citizens.
How is dismissal for health reasons carried out?
Involving an employee in the production of work that is contraindicated for him for health reasons is contrary to the norms of legislative acts. The employer is brought to administrative responsibility by imposing a penalty. Its size ranges from 5 to 50 minimum wages on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which approves the enforcement measures applied for violation of the norms of labor legislation and its protection.
What does the law say?
In accordance with the Federal Law of Russia on the fundamentals of legislation used to protect the health of persons involved in certain types professional activity, namely Article 21, an employee may be suspended from work temporarily for up to five years. He is given the right to re-examination in the future, as a result of which he can return to work.
The possibility of declaring an employee unsuitable for work related to labor activity due to a complication of the state of health is not ruled out.
The decision is made on the basis of the conclusion issued by the Commission for Medical and Social Expertise in accordance with the list of medical contraindications. The conclusion is issued in the manner approved by federal laws, regulatory legal acts in force in the Russian Federation.
Responsible for the implementation of social expertise Federal medical institutions determine the degree of loss professional suitability, the ability to properly perform production activities. The conclusion is drawn up on a form containing unified form, which was approved by the resolution of the Ministry of Labor of the Federation in March 2004, number 41.
Grounds for termination of employment
Kinds labor activity require from the employee not only knowledge, skills in work, but also a certain state of health. Non-compliance with the criterion of health entails serious consequences, leading in extreme cases to disability. According to the instructions of the Labor Code, when terminating an employment relationship regarding the physical condition of an employee, it is necessary for managers and employees personnel service focus on the reasons noted in Articles 83, 77, 81 of the Code.
These can be called:
- inconsistency of the employee with the position he occupies as a result of the deterioration of health in accordance medical report;
- complete loss of the opportunity to perform official duties in the future, confirmed by the result of the annual examination of the medical social expert commission.
A medical report is a documentary evidence that the employee is not fit for health reasons to perform work in his position, therefore, by order of the enterprise, it is necessary to release him from the performance of functional duties in the main activity.
It is better to document the absence of claims against the employee upon dismissal. See. what it looks like.
The sale of property upon liquidation of an enterprise is not a mandatory procedure. Find out how she is.
Employer actions
Upon receipt of a medical certificate, the employer is obliged to immediately transfer the employee to another workplace with a change in functional duties if there are vacancies.
If the enterprise does not have a job suitable for him or the employee refuses to transfer to the position offered to him, the employer must terminate the employment contract by terminating the employment relationship with him.
According to the instructions of Article 73 of the Labor Code, an employee's refusal to switch to another type of activity is formalized by an act in writing, and his consent is also formalized.
He is obliged to personally make an entry in the act, for example, “I refuse the offers of the employer, because the proposed work does not meet the requirements.” Moreover, he must put his signature and date. The procedure for terminating an employment contract, carried out with the wording "for health reasons" in this case regarded as not contrary to the norms of the current legislative acts.
The employment contract is terminated in case of refusal of the employee or due to the lack of appropriate work at the enterprise for:
- on the general grounds specified in article 77 due to the employee's refusal to transfer to another position;
- regardless of the will of the parties, for reasons under article 83 related to the decision of the medical board that the employee can no longer work in this position due to incapacity.
If a decision has been made to terminate an employee, without fail evidence must be presented confirming the true state of his health.
In this case, a medical report becomes such a document.
If the employee agrees to stay at the enterprise, then it is necessary to transfer him to suitable job to organize acceptable working conditions for him. The transfer is carried out by mutual agreement of the parties. When transferred to a lower-paid job for a month, he is paid his average earnings corresponding to the previous post.
Dismissal of a soldier for health reasons
A soldier has the right to retire early in accordance with the provisions of the Federal Law, which is called "On military service and military service" if his health deteriorated. It was confirmed by a medical examination by the military medical commission, which imposed a restriction on subsequent military service.
However, it does not oblige him to dismiss, depriving him of the right to continue working in a military position, which allows him to perform military duty in accordance with his health.
Upon dismissal of a serviceman who was injured while passing military service, compensation is paid on the basis of current legislative acts.
These include:
- Federal Law "On monetary allowance military personnel and providing them with separate payments”;
- Decree of the Government of the Russian Federation "On the payment of bonuses to military personnel for conscientious and effective execution official duties and annual material assistance”, issued under the number 993, accepted for execution in December 2011.
Serviceman for said document It is necessary to pay funds that consist of:
- monetary allowance on the date that corresponds to the day of his exclusion from the list of personnel registered in the military unit;
- a one-time payment, the amount of which is two monthly salaries, if the serviceman has served no more than 20 years, and seven salaries with a total length of service in military service of 20 years or more;
- cash payments equal to the amount of one monthly salary if the serviceman was holding a military position;
- bonuses for the impeccable performance of the duties assigned to the serviceman;
- in the presence of an experience equal to 20 years or more, clothing security for the year of dismissal is payable.
How to correctly write a statement?
To resolve issues arising in the labor relations between the employee and the employer, various types of legally binding official papers are used. The application refers to one of these documents. Its illiterate drafting can lead to disagreements between the parties. Sometimes the unreliable information indicated in it becomes incorrect and erroneous wording in the order.
The concept of "statement" in terms of legislation
An official document requesting support for the enforcement of the rights, freedoms, legitimate interests of the person who wrote it, not related to their violations. The application is a written appeal, which contains a request for dismissal with the wording "for health reasons".
It contains information:
- Business name;
- official data of the head, his full name, position;
- paper name;
- the text of the appeal;
- date of writing the document;
- personal data of the applicant, full name, his position $
- applicant's signature.
The personnel service of the enterprise can develop and approve application forms, depending on the characteristics of internal office work.
The letter of resignation is aimed at exercising the right of the employee to terminate labor relations with an employer. It must be written on white A-4 paper with your own hand in blue ink without grammatical and spelling errors.
Below is a sample application, according to which you can write any.
Director of Ogni Naryn OJSC
Burmistrov V.A.
manager
Sheveleva T.K.Statement
I ask you to dismiss me on March 18, 2020 under Article 77 of the Labor Code of the Russian Federation for health reasons, due to the fact that I cannot perform labor obligations according to instructions.
I enclose the medical report of the expert commission with the application.
March 18, 2020 signature
final settlement
On the last working day, the employee must be familiarized with the order to terminate the employment contract, give him a work book in his hands, and make the payments due in full. Dismissal under any of the listed articles is accompanied by the issuance of a two-week severance pay to the employee.
Therefore, when an employee uses a part labor leave in advance, the employer is deprived of the possibility of deduction Money given to him as vacation pay.
If an employee has been injured at work as a result of professional duties, then the average monthly salary is paid until his full recovery or until recognition of disability. If an employee has become ill as a result of exposure to occupational disease, then payment is made in the above order.
Entry in the work book
Personnel records management is carried out in accordance with the instructions used to fill out work books, approved by the Ministry of Labor of the Russian Federation in October 2003. When issuing a work book for an employee dismissed due to a deterioration in health, it is necessary to strictly follow the instructions. The entry in it is carried out according to the wording of the order and the employment contract, in order to avoid conflict situations.
In the column “Information on employment, transfer”, it is mandatory to indicate the reason for the dismissal, mark the medical report as the basis, justify with a reference to the relevant article of the Labor Code.
In the column "Name" put down the date, the number of the order that serves as the basis for making a record of dismissal. AT work book it is certified with a seal in accordance with the Rules introduced by Decree of the Government of the Russian Federation No. 225 in April 2003.
Effects
In this article, I want to touch on the issue of layoffs for health reasons. I will tell you which categories of workers and for what reasons can be dismissed for health reasons. I will explain the subtleties and nuances of this type of dismissal.
Many employees are concerned about the problem: “Can they be fired for health reasons or while on sick leave?”.
If the organization where you work raises the question of your dismissal from your position, for these reasons, do not panic.
This article will help defend the rights and interests of those of you who are faced with a similar problem.
○ Features of dismissal for health reasons, illness.
I note that the employer cannot dismiss an employee for health reasons, since this provision is absent in the Labor Code of the Russian Federation as a basis for termination of employment duties.
To protect their rights, an employee of an organization may refer to the norm of Art. 81 of the Labor Code of the Russian Federation, which states that an employment contract cannot be terminated at the request of the employer.
An exception in this case is the liquidation of the enterprise, the termination of its activities. Any illegal dismissal may be appealed.
○ Can an employee be fired at the request of the employer?
You may be fired if:
- Recognized as disabled by the medical board (clause 5, article 83 of the Labor Code of the Russian Federation).
- In accordance with the conclusion of the medical commission, if you need to be transferred to another job for a period exceeding 4 months or on a permanent basis, you refuse to transfer (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).
- More light work cannot provide.
Dismissal due to deteriorating health of citizens various categories has its own specifics, which we will discuss below.
○ Nuances of dismissal of different categories of citizens.
✔ Soldier.
The decision on whether or not a soldier is fit for service is made on the basis of VVK conclusions.
Each contracted serviceman has the right, in accordance with clause 6, clause 6, article 51 of the Federal Law "On military duty for military service", to quit for health reasons, and also to take another position corresponding to his health.
To do this, the VVK must recognize him as partially fit for service. For dismissal under this item, the consent of the soldier is required.
The grounds for unconditional dismissal for health reasons from military service will be:
- Declaring a soldier unfit for service.
- Recognition is limited to fit military servicemen performing their duties under a contract for a position for which a rank up to a foreman serving on conscription is provided.
- Upon dismissal, a serviceman has the right to state payments and compensation.
✔ Pregnant.
The legislator prohibits, at the request of the employer, to dismiss a pregnant woman!
So if the term of the contract has expired, the employer, in accordance with Art. 261 of the Labor Code of the Russian Federation must extend it until the end of pregnancy, for this you will need your written consent and a certificate indicating that you are pregnant.
Get ready for the fact that the employer may require this document from you once every 3 months. At the end of the term of the contract, you have the right to be fired.
Again, the exception may be the liquidation of the enterprise. Do not forget that labor relations can be terminated at the request of the employee on the basis of Art. 80 of the Labor Code of the Russian Federation or by agreement of the parties.
It is not uncommon for a woman, having written a letter of resignation, to find out about her pregnancy. In such a situation, you have the right to withdraw it within 2 weeks from the date of submission of the application.
However, if another worker was transferred to your place for health reasons, then you cannot demand reinstatement. Therefore, before applying for dismissal, consider all the nuances and legal consequences of your actions.
✔ Single mother, large family.
According to Art. 261 of the Labor Code of the Russian Federation, an employer, at his own request, cannot dismiss a mother for health reasons who has a child under 14 or a disabled minor, and also if she is the sole breadwinner in a large family.
If you belong to this category of employees, then you are not threatened with dismissal due to the fact that you do not correspond to your position, your organization is undergoing a reduction in staff or a change of ownership.
The reason for the calculation can serve as paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation. This happens on the basis of the results of the medical examination, if you do not want to move to another vacancy more suitable for the health of the employee.
They are also fired if the employee is recognized by the expert commission as completely disabled.
✔ Pensioner.
The legislation equates pensioners to other categories of employees, so their dismissal for health reasons occurs on a general basis.
Therefore, the employer will have to part with you if the medical commission recognizes you as incapacitated.
Also, if you are recognized as disabled, the employer will be obliged to offer you another position that you can occupy in accordance with your health.
✔ Compensation and payments.
If you refused to transfer to another position under paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, you are disabled (clause 5 of article 83 of the Labor Code of the Russian Federation), then the organization in accordance with Art. 178 of the Labor Code of the Russian Federation pays an allowance. Its volume will be the average two-week earnings.
Soldiers receive the following payments:
- Monetary allowance until the day of exclusion from the list of personnel.
- If you quit after serving less than 20 years, then your severance pay will be 2 salaries, if you served more than 20 years, then 7 salaries.
- Financial assistance, which is one salary, if you were filling a military position.
- Award for excellence in performance.
The termination of an employment relationship between an employee and an employer is possible for several main reasons:
- Employee's desire
- At the initiative of the authorities
- Due to unforeseen circumstances
Dismissal by medical indications possibly, both at the initiative of the patient himself, and at the decision of the employer. If the desire was expressed by the employee himself, he may not work for a two-week period. The only thing the employer can ask for is to indicate the reason in the application and confirm it with a medical document.
Important! The law does not prohibit the employer from dismissing a sick employee, but this requires grounds.
What are the cases of dismissal of the sick?
1. Conclusion of the medical and social commission as completely disabled
2. Health indicators are such that a person can no longer continue to hold this position and perform their functional duties
- To continue working further due to poor health can be dangerous both for the citizen himself and for those around him.
Dismissal for health reasons
- If an employee feels a deterioration in his state of health, he must consult a doctor and undergo all the prescribed tests, as well as inform the employer about the situation.
- Everything that the boss does must be supported by appropriate documents.
- In the future, when the conclusion is received, the employer should carefully read the recommendations of the doctors and decide on the further work of the employee
What should the employee do?
The employee needs to monitor his health, regularly undergo medical examinations, even if this is not required by the position
- if the condition worsens, contact a specialist
- upon receipt of the conclusion, it is obligatory to provide it to the employer no later than three days, if it is not transferred to work, then the enterprise is not responsible for the employee
– based on the results of the study, the doctor must give an opinion and recommendations regarding further work
Actions of the employer upon receipt of a conclusion from a doctor
- After reviewing the recommendations of the doctor, if the appointment recommends transferring to another job, the employer should consider options for transferring to another position
- Also in the conclusion should be the period for which the employee must be transferred or removed from work.
Offers that an employer can make:
1.Offer to transfer to another vacancy: signed by the employee and must be registered in the relevant register
- In case of disagreement of the employee, he will have to be suspended for a specified period without pay, or if the period is not specified, dismiss him
3. If a refusal occurs, then it must also be documented
Important! According to the Labor Code, the employer has the right to dismiss an employee for health reasons, provided that he refused the proposed job options for a period of four months
Resignation for health reasons
The application is written in free form in the name of the head of the organization, the name of the enterprise, the last name, first name, patronymic of the dismissed person, the reason and the supporting document.
to CEO OOO "Mercury"
Shpak O.P.
Engineer Sidorov I.L.
Statement
I ask you to dismiss me of my own free will from my position due to health problems from 02/01/2017. The conclusion of the medical commission is attached.
Making an entry in the work book
| record number | the date | Information about hiring, transfer to another permanent job, qualifications, dismissals (indicating the reasons and referring to the article, paragraph of the law) | Name, date and number of the document on the basis of which the entry was made |
| 2 | 10.06.2016 | The employment contract was terminated due to refusals to transfer to another position required by a medical report, paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation | Order dated 10.06.2016 No. 8 |
| Accountant Safonova O.V. Employee Kirillov M.P. |
An entry must be made with reference to the Law, at the end the seal and signature of the responsible employee and the dismissed employee are affixed.
Personnel measures for dismissal for medical reasons
- After accepting the application, issuing an order for dismissal, an entry in the work book, a mark is made in the personal card
- A notice of dismissal is drawn up in case of non-appearance in person
- Notification sent by registered mail with a notice of receipt, which is then stored along with the personal file;
- It is also necessary to issue certificates on forms 2 of personal income tax for the entire period of work, SVZM and SZV STAGE
Calculation in connection with the dismissal
Upon dismissal for health reasons, an employee may not work for two weeks, but he has every right to receive the required salary for the period of work, as well as vacation compensation, if any has accumulated. For every full month, two days of vacation are required.
Important!! Of no small importance is the right to a severance pay in the amount of the average earnings for two weeks of work.
To calculate compensation, you need the average daily earnings, the number of days due and the amount of wages for the time of work.
According to the law, the settlement must occur on the last working day. In the event that the employer refuses to pay compensation, the employee has every right to go to court. For violation of the rights of an employee, administrative, material and criminal liability is provided, as well as compensation for moral damage.
Liability implies payment, in addition to compensation, of one three hundredth of the refinancing rate for each day of delay in this payment. As well as moral damage in monetary terms.
Administrative responsibility threatens with a fine for entity from 30,000-50,000 thousand and suspension from work for 90 days, for executive from 1000-5000r.
A criminal preventive measure is assumed for a purposeful illegal action against an employee, when the employer purposefully evaded payment.
Answers to common questions
Question number 1: What threatens the employer to continue the work of an employee who is prohibited from working for medical reasons?
Answer: This is regarded as forced labor, which is prohibited by law, administrative liability is provided for this, namely a fine from 5 to 50 minimum size wages.
Question number 2: What are the actions of the employer in case of receipt of the conclusion of the commission on the further work of the employee?
Answer: Read carefully. Find out whether the employee will be able to continue working, for how long it is required to transfer him to another job, or if he is completely recognized as incapacitated.